The Use of Invalid Carriages on Highways Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations revoke the Use of Invalid Carriages on Highways Regulations 1970 (S.I. 1970/1391) (“the 1970 Regulations”). The 1970 Regulations however continue to apply to invalid carriages manufactured before 30th January 1989. These Regulations make provision for 3 classes of invalid carriages which, if they meet the prescribed conditions and requirements, may be used under the modifications of the law provided by s.20 of the Chronically Sick and Disabled Persons Act 1970.

2.  The 1970 Regulations made provision for what are entitled Class 1 and Class 2 invalid carriages in these Regulations. These Regulations make provision for a new Class, the Class 3 invalid carriage, which is an invalid carriage so constructed or adapted that it is capable of exceeding 4 mph but incapable of exceeding 8 mph on the level under its own power.

3.  The principal changes to the 1970 Regulations in these Regulations are as follows:—

(a) Conditions

(i) The persons who may use any of the classes of invalid carriage include manufacturers using the invalid carriage for test or demonstration purposes, persons offering to sell the invalid carriage for the purpose of demonstrating it and persons giving practical training in the use of the invalid carriage (reg. 4(a)(iii)-(v)).

(ii) The use of horns on each class of invalid carriage is restricted (reg. 4(b) and 5).

(iii) Class 3 invalid carriages must not be used by persons aged under 14 years (reg. 4(c)(i)).

(iv) Class 3 invalid carriages must not be driven on footways at a speed greater than 4 mph (reg. 4(c)(ii)).

(v) Class 3 invalid carriages must not be used on footways unless speed devices which can limit their speed to 4 mph on the level under their own power are operating (reg. 4(c)(iii)).

(vi) Class 3 invalid carriages must not be used at any time unless speed indicators fitted to them are operating (reg. 4(c)(iv)).

(b) Requirements

(i) Only invalid carriages of Class 1, 2 or 3 may meet the requirements (reg. 6(a)).

(ii) The unladen weight of Class 3 invalid carriages shall not exceed 150 kg (reg. 7(2)).

(iii) Class 2 or Class 3 invalid carriages shall be capable of being brought to rest in all conditions of use with reasonable directional stability (reg. 8(2)). The necessary braking effect to hold such carriages indefinitely on a gradient of at least 1 in 5 cannot be achieved by dependence on any hydraulic or pneumatic device or on the flow of electrical current (reg. 8(3) and (4)).

(iv) Class 2 and Class 3 invalid carriages shall comply with the requirements specified in the Road Vehicles Lighting Regulations 1984 (“the 1984 Regulations”) as if they were motor vehicles within the meaning of the Road Traffic Act 1972 (reg. 9). The lighting requirements for Class 1 invalid carriages are to be found in the requirements prescribed for vehicles drawn or propelled by hand in the 1984 Regulations.

(v) Class 3 invalid carriages shall be fitted with speed devices (reg. 10(1)(a)), speed indicators (reg. 10(1)(b)) and horns (reg. 12(1)). They are not to exceed 0.85 m in width (reg. 11).

(vi) Horns fitted to any of the classes of invalid carriage must comply with the requirements of regulation 12(2).

(vii) There are also provisions about view to the front and about glass and glazing in windscreens or windows fitted to Class 2 and 3 invalid carriages (reg. 13) and about rear view mirrors for Class 3 invalid carriages (reg. 14).